Medical malpractice cases must be brought soon after the injury. In most states, you must bring a medical malpractice claim fairly quickly -- often between six months and two years, depending on the state. (The time period in which you must bring the lawsuit is called the "statute of limitations.") If you don't file the lawsuit within the specified period of time, the court will dismiss the case regardless of the facts.
Here, this issue is going to be whether, in reviewing the tests, it was within the applicable standard of care to diagnose you as having a UTI. Secondly, if you have now been correctly diagnosed as having bladder cancer, is your proposed treatment protocol any different than what would have been done if this had been caught during the first couple of visits. You then must assess what additional treatment costs you have incurred, or will incur as a result of the delay. None of this can be done without a detailed assessment of your medical records, by a competent med. mal. attorney and the proper experts.
The amount of money damages a claimant gets for pain and suffering will also depend upon the amount claimed in a lawsuit if such is filed or the amount demanded to the responsible party in the underlying claim if it is an insurance claim. Even though a lawyer representing a client in an injury negligence-based lawsuit may claim a certain amount for pain and suffering, the jury or the insurance adjuster will award pain and suffering money for differing reasons. In practice, historically tort cases involving personal injury often involve contingent fees, with attorneys being paid a portion of the pain and suffering damages; one commentator says a typical split of pain and suffering is one-third for the lawyer, one-third for the physician, and one-third for the plaintiff.
If you suffer mental anguish arising from a case of personal injury or medical malpractice, you may recover non-economic damages. However, in some jurisdictions, you may only be allowed to recover a specified maximum. Also, you will have to prove your injuries by a preponderance of the evidence. Talk with an experienced attorney to discuss the details of your case.
We serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle.
If a personal injury claim was always as simple as only having special damages, things would be more clear cut. However, a personal injury claim almost never ends at special damages. Oftentimes, an injured person also suffers non-monetary damages that one cannot easily place a price on. This is the problem with pain and suffering claims, and thus the need for a way to calculate a number that is fair for the insurance company and the injured victim and family.
These things are the different “elements” of pain and suffering damages. It is basically financial compensation for having to “go through” certain things that you otherwise would not have had to if it wasn’t for the accident/injury. In minor incidents, it is compensation for the inconvenience; in major cases, it is compensation for the agony and suffering. For example, your medical bills may be covered, but that doesn’t compensate you for the pain of never being able to pick up your grandchild again. It makes perfect sense if you think about it in that way.
The civil tort of assault is premised on the fact that a person says something or otherwise implies that he or she will have some type of harmful or offensive contact with the victim and the victim has reasonable apprehension of this contact occurring. This tort does not require that the contact actually occur, but merely requires that the victim has the apprehension that it will. In the medical context, this may occur if a doctor threatens to take medical action against the patient’s will.
Did the change in lifestyle trigger disturbing depression or anxiety? If you have never experienced depression before, many describe it as feeling despondent, as if a black cloud were hanging over your head. Sometimes, if the injury is taking a long time to heal, you may feel hopeless, that you will never get better. Examine the differences in your lifestyle to determine the negative impact of your personal injury.
See if you can sue for emotional distress as a third party. In some states, you can sue for emotional distress as a third party. For example, you might have a case if your child or someone close to you was physically harmed in an incident. This incident must have occurred right in front of you. You would have a more solid case if you were also physically injured or experienced the threat of injury.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
* Contingency fee model. An alternative to the fee-for-service model, where the injured party takes all the risk, is the contingency fee model. This option, provided for by the Contingency Fees Act of 1997, offers a mechanism for people with insufficient funds to access the courts if they have a good case. Under the terms and conditions of the agreement, lawyers provide their services on a “no win, no fee” basis. If the case is successful, the lawyers are entitled to double their fees to a maximum of 25 percent of the settlement, whichever is lower.
More often that not, however, a claim will fail on the fourth element, because Judges have a hard time believing that someone who has gone to a doctor with a problem would not accept the doctor’s recommended solution. People take risks every day – risks involving being in a car, crossing the street, taking pain killers, agreeing to medical procedures. A savvy doctor who is being sued for failing to warn will trawl through your past and look for behaviour that evidences your particular tendency to take risks and will try to use it against you to defeat your claim. A good medical negligence lawyer Sydney would have taken you through all that before you decide to sue so that you know whether or not you are likely to win a failure to warn claim.
This method entails writing the pain and suffering out as if it were a job description. What would someone need to be paid in order to fulfill the job duty? For example, if a car accident put someone in a wheelchair for six months, then how much would the average person have to be paid to sit in a wheelchair everyday for 180 days? Would you sit in a wheelchair everyday for 6 months for $5,000 or would it take more like $50,000?
Assuming that there was harmed done due to the misdiagnosis, the second question you need to answer is; would another doctor with a reasonable medical profession come with a different diagnosis instead? If the second opinion gives a different conclusion, and it happens to be the correct diagnosis, then there would possibly be a case for medical damages.
Have you suffered a personal injury? The following is a guide to help you easily figure out how much your case is worth, by using our free pain and suffering calculator. This formula is 100% accurate and can help you receive the maximum settlement. Our guide contains legal topics to help you with every aspect of your car accident or personal injury law.
Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money. And if you lose your case, you could very well be on the hook for thousands or tens of thousands of dollars in expenses - depending on your legal fee agreement. Is your case important enough to you that you feel the potential financial benefit outweighs the risk?